Objection to Reservation

Objection to Reservation by Namibia in 2013

United States views on international law [1] in relation to Objection to Reservation by Namibia: On October 17, 2013, the U.S. Mission to the UN sent a diplomatic note to the United Nations, in its capacity as depositary for the International Convention for the Suppression of the Financing of Terrorism, conveying its objection to a reservation made by the Government of Namibia to the Convention. The body of the diplomatic note is set forth below.

Some Aspects of Objection to Reservation by Namibia

The United States Mission to the United Nations presents its compliments to the United Nations, in its capacity as depositary for the International Convention for the Suppression of the Financing of Terrorism, and refers to the reservation made by the Government of Namibia upon ratification of the International Convention for the Suppression of the Financing of Terrorism, with Annex (1999) (the Convention), October 18, 2012. The Government of the United States of America, after careful review, considers the reservation to be contrary to the object and purpose of the Convention, namely, the suppression of the financing of terrorist acts, irrespective of where they take place and who carries them out.

Developments

The Government of the United States also considers the reservation to be contrary to the terms of Article 6 of the Convention, which provides: “Each State Party shall adopt such measures as may be necessary, including, where appropriate, domestic legislation, to ensure that criminal acts within the scope of this Convention are under no circumstances justif iable by considerations of a political, philosophical, ideological, racial, ethnic, religious or other similar nature.” The Government of the United States notes that, under established principles of international treaty law, as reflected in Article 19(c) of the Vienna Convention on the Law of Treaties, a reservation that is incompatible with the object and purpose of the treaty shall not be permitted. The Government of the United States therefore objects to the reservation made by the Government of Namibia upon ratification of the Convention. This objection does not, however, preclude the entry into force of the Convention between the United States and Namibia.

Resources

Notes

1. Objection to Reservation by Namibia in the Digest of United States Practice in International Law